Blog Post

Levenshulme Landlords – Ready For Homes (Fitness for Human Habitation) Act 2018

TomS - Head Tom Simper Mar 25, 2019, 08:32 AM
Landlords must be aware that they are at risk of being sued if their rental homes don't meet expected standards.

At Peter Anthony, we are keen to support local landlords, and we are delighted to say we have helped many Levenshulme landlords run their business and care for their tenants. There are many essential aspects associated with being a landlord but staying in touch with regulations is crucial. Remaining up to date with rules is an area that many landlords have struggled with and we are pleased to say we can assist in this area.

Be aware of new regulations impacting on the condition of the rental property

If you are a landlord in Levenshulme, it is vital that you are aware of the Homes (Fitness for Human Habitation) Act and that it comes into effect from the 20th of March 2019. There is a requirement for landlords to ensure that rental property is fit for human habitation at the beginning of the tenancy and throughout the lifetime of the lease.

The Homes (Fitness For Human Habitation) Act applies to:

·        Tenancies which are shorter than seven years and which are granted on or after the 20th of March

·        New secure, introductory and assured tenancies which begin on or after the 20th of March

·        Fixed-term tenancies which renew on or after the 20th of March

There is also the fact on the 20th of March 2020; the Act will be in effect for all periodic tenancies.

There will be some exemptions to the Act, with the main exceptions being where actions of the tenant have caused issues and where an “Act of God has caused damage”. In these instances, the landlord will not be responsible for resolving the problem. Other exceptions include when the landlord has been unable to gain consent for improvements or where the possession of the tenant has caused the problem.

The Homes (Fitness For Human Habitation) Act applies to not only the dwelling that is provided by the landlord, but it also applies to any common areas in the property where the landlord holds an interest.

There are many issues which landlords need to be aware of

It is natural that some people will question who is responsible for determining if a home is fit for human habitation or not. Whether a home is fit for human habitation or not will be left to the courts and findings will be based on Section 10 of the Tenant Act 1985. There are many issues for landlords to consider, including a lack of ventilation habitation at home, a lack of natural light, problems with the supply of hot and cold water and when the tenant faces difficulties in washing up or cooking food.

There will also be problems for a landlord if a building has been neglected and is now considered to be in bad condition if the structure is unstable, if there is a damp issue in the property or if there is an unsafe layout at the house.

If the residential property isn’t fit for human habitation and the landlord is at fault, the court can order necessary improvements to be made to the rental property while also requesting the landlord pays compensation to the tenant.

The level of compensation a landlord should pay will depend on various factors, including the impact on the tenant, how long the issue has been in effect and how bad the property is.

If you are a landlord in Levenshulme and you need assistance in caring for your property and providing your tenants with a good standard of service, contact Peter Anthony, and we will be happy to help. Click here to find out how we can help you provide your tenants with fantastic service.

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